Overcoming Section 214(b) of the Immigration and Nationality Act
Posted onOn average, more than a million visa applicants are rejected every year under Section 214(b) of the Immigration and Nationality Act. Nonimmigrant visa applicants, excluding H-1B and L-1 visa holders, bear the responsibility of demonstrating their non-immigrant intent. Under 214(b), applicants must not only qualify for the visa but also agree to adhere to its terms upon entering the US. For B visa applicants, proof of a foreign residence and temporary visit intentions for business or pleasure is necessary. F visa applicants additionally need to demonstrate both qualifications for studies and the intent to return home after completion. Employment visa seekers must exhibit qualifications relevant to their visa type. Notably, there’s no time restriction on invoking 214(b); for instance, prolonged previous stays in the US leading to suspected employment violations more than 10 years ago can prompt its application. Consular officers commonly resort to visa revocation. This affects thousands annually…
Read moreAzTech, Integra, Wireclass, Andwill Update: We Have Obtained Shocking Internal ICE Documents Concerning its Investigation. Part 2.
Posted onIn Part 1, we described the materials recently received from a Freedom of Information Act request to Immigration and Customs Enforcement. The materials are not only eye-opening but indeed shocking: they show that the students were let down by delinquent government and university actors that failed to warn them of the scam. Most mind-boggling: the US government is now using its own delinquency as a sword against these students in permanently barring them from the United States and using shell-game tactics to make it is as difficult as possible to challenge the bars. Here, we provide additional details from those ICE reports: The Homeland Security Investigations Wilmington office identified approximately 1,925 STEM OPT students associated with AzTech. HSI administratively arrested 15 STEM OPT students. (An administrative arrest is the arrest of a foreign individual for a civil – not criminal – violation of U.S. immigration laws. These cases are then…
Read moreAzTech, Integra, Wireclass, Andwill Update: We Have Obtained Shocking Internal ICE Documents Concerning its Investigation. Part 1.
Posted onIn addition to Amazon, Intel, and Google, according to ICE statistics, Integra Technologies was one of the top 4 employers of OPT students in 2017 and 2018. In 2019, AzTech was one of the top 4 employers, together with Amazon, Google, and Deloitte. During these three years, Integra and AzTech “employed” nearly 5,000 foreign students. So why did it take until January 2020 for Immigration and Customs Enforcement to launch a comprehensive investigation into the activities of Integra and AzTech? This is the mind-boggling conclusion evident in materials received as a result of a Freedom of Information Act request. Why was ICE asleep at the wheel, while thousands of innocent, unwitting foreign students were victimized by a years-long scam and now are permanently barred from the United States under Section 212(a)(6)(C)(i) as a result? And where were the university DSOs during this scandal? Last week we finally received internal ICE…
Read moreHow WhatsApp Messages Can Lead to Cancelled Visas, Expedited Removal, and Permanent Bans
Posted onJust because you have arrived at an airport in the United States does not mean that you are protected by the US Constitution and the right to be free from unreasonable searches. This is the unfortunate lesson learned by hundreds of travelers each day to the US. Worse, the messages on one’s own phone can lead to a cancelled visa, a return trip home, and a permanent ban on entry. As international travel has reemerged after the pandemic, so have the problems experienced by international visitors to the US. Just over the past few months we have conducted numerous consultations with individuals subject to intrusive CBP searches at the airports, including luggage checks and the contents of telephones. These searches have led to accusations of unlawful employment (most common), prostitution, drug use, intent to remain in the US beyond the length of permitted stay, intent to marry, and intent to…
Read moreAZTech, Integra Technologies, Andwill, and Wireclass Update V: Disconcerting Dysfunction – 4 Government Agencies Each Going Own Way Provide Lack of Closure to Victims
Posted onAfter the ICE press conference in October, it appeared that the US Government was winding down its investigation of AZTech, Integra, Andwill and Wireclass. It appeared that those associated with The Four companies would be getting resolution one way or another. That conclusion, it turns out, was premature. As you know, there are four US government agencies primarily involved in the administration and enforcement of US immigration laws. They are Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), US Citizenship and Immigration Services (USCIS), and the Department of State through its local embassies and consulates. ICE are the immigration police; it also is responsible for the administration of the SEVIS and OPT programs. CBP includes the airport and port-of-entry inspectors who verify the admissibility of individuals to the United States. USCIS adjudicates immigration benefits, including H-1B petitions, I-765 employment authorization applications, changes/extensions of status, and green card applications….
Read moreAZTech, Integra Technologies, Andwill, and Wireclass Update III
Posted onWe continue to receive a surge of questions from those who have been adversely impacted by the situation surrounding AZTech, Integra, Andwill, Wireclass, and other questionable OPT-related companies. Interestingly, we have also been contacted by those who have not felt any adverse consequences yet nor are aware of any impact, but potentially may have some exposure because of their OPT past. What should they do? Reaching out to a lawyer is a good start. Without stating the obvious, these individuals may already have been impacted; they just don’t know it yet. In the eyes of the government, their mere association with a suspect OPT organization opens the door for adverse action: visa revocation; denial of a future USCIS H-1B or green card petition; refusal of an employment authorization or change of status or adjustment of status application; the opening of removal proceedings in the US; expedited removal and/or the imposition…
Read moreAZTech, Integra Technologies, Wireclass and Andwill Update
Posted onThank you for your phone calls. After speaking with so many of you, it has become obvious that those who were associated with AZTech, Integra Technologies, Wireclass and Andwill did so with legitimate intentions and the goal of full compliance with the OPT requirements. While the common thread binding most of you is a visa revocation, there are several categories of individuals who have been impacted, including: 1) those in the US who are beneficiaries of a pending H-1B petition and USCIS has issued a Request for Evidence (“RFE”) or Notice of Intent to Deny (“NOID”) related to their prior OPT experience and/or visa revocation; 2) those in the US who are applying for STEM OPT extensions and USCIS has issued a RFE or NOID related to their prior OPT experience and/or visa revocation; 3) those who attempted to enter the US with a visa and Customs and Border Protection…
Read moreCOVID-19, Extensions of Status, and Section 222(g) of the Immigration and Nationality Act
Posted onWith the raging of the pandemic, cancelled flights, and travel restrictions, thousands of visitors have been stranded in the United States. While some legal relief has been provided for delayed departures for those who entered without visas under the Visa Waiver Program, very little has been discussed about those who entered the US with visas and have been unable to leave within the allotted time frame. As a reminder, holders of B-1 and B-2 visas are usually granted 6 months of authorized stay when they arrive in the US. If a person overstays this authorized time frame, the visa becomes void under Section 222(g) of the Immigration and Nationality Act. What this means is that even if the visa itself has validity time remaining, it nevertheless becomes null and cannot be used. For example, if in June 2019 a B visa was issued for 10 years through June 2029, and…
Read moreVisa Revocations and OPT
Posted onThe consequences of the Immigration and Customs Enforcement (ICE) investigation of the US companies Findream, Sinocontech, AzTech, Integra Technologies, Wireclass, and Aandwill are now becoming evident. Thousands of students and young professionals, primarily Chinese and Indian, have had their visas revoked because of their past association with these companies. Worse, it appears that the US Government has presumed that these individuals were aware of the fraudulent nature of the offers of training to comply with the Optional Practical Training program requirements and is entering decisions to permanently bar them from the United States under Section 212(a)(6)(C)(i) of the Immigration and Nationality Act (“6C”). For many of these individuals, it does not have to be this way. A US government official can only make this determination based on an individualized review. Everyone’s circumstances were different. What was his or her specific intent at the time of accepting the training offer? Was…
Read moreA Visa Applicant’s Bill of Rights – What the Department of State and Your Local US Embassy/Consulate Often Do Not Want You to Know
Posted onFor visa applicants, the cards seem to be stacked against you. Among the hurdles a visa applicant must face: The law places the burden on the visa applicant to prove eligibility for the visa and that he or she is not inadmissible to the United States. There are inadequate consular resources; at busy posts, consular officers can only allot a few minutes to a visa adjudication. There is no formal administrative appeals process of a visa denial (no Administrative Appeals Office, Board of Immigration Appeals, Board of Alien Labor Certification Appeals). With limited exception, there is no judicial review of visa decisions because of the doctrine of consular reviewability. There is limited public accountability: no Department of State (DOS) Visa Ombudsman, no formal Complaint Procedure, and no formal recusal process. Section 428 of the Homeland Security Act grants the Department of Homeland Security (DHS) a vital role in the visa…
Read moreVisa Myth #975 – “But They Gave Me 6 Months to Stay in the US!”
Posted onAt least a couple of times a month I get a similar, frantic phone call. “I just applied for a new visa, but it was denied. The consul didn’t like the fact that I spent 5 months in the US on my last trip. I told him that the airport inspector allowed me to stay for 6 months. I didn’t do anything wrong!” Or “My visa has been revoked. But I didn’t do anything wrong. When I arrived in the US, they gave me 6 months to stay, so I did. I didn’t violate any laws, so why are they revoking my visa?!?” The revocation is done by either the consul or the airport inspector the next time the visa holder arrives in the US. There are many “red flags” here considered by the consul or airport inspector: The visa holder must remember that when he applies for a visa…
Read moreFAQ on New Birth Tourism Rules
Posted onThe Trump Administration announced new rules regarding birth tourism, which took effect on January 24, 2020. Already, misinformation has cropped up. So to provide some clarity, the below FAQ is provided: Whom do the new rules affect? They only affect applicants for B visitor visas; they do not impact current holders of visas nor citizens of Visa Waiver Program countries who can enter the US without a visa. May current holders of visas and those who hold passports from Visa Waiver Program countries enter the United States to give birth? The Department of Homeland Security, which include Customs and Border Protection inspectors at ports-of-entry, has not announced any new policies or reinterpretations of allowing entry for those who enter to give birth. In the past inspectors permitted women to enter the US to give birth as long as they could show the ability to cover the cost of birth. However,…
Read moreChallenging Visa Denials and Revocations after an Interpol Red Notice or a Kangaroo Court Conviction
Posted onInterpol conjures up images of a worldwide police tracking down “bad guys” on the run from home country authorities. But Interpol is not a law enforcement agency: it does not issue warrants and does not have the authority to make arrests. While the overwhelming majority of Interpol’s information-sharing capacity is dedicated to tracking down true “bad guys”, many home country governments abuse it. They manipulate Interpol into doing their dirty work, making bogus allegations to locate dissidents, political activists, and whistleblowers. As a result, Interpol issues Red Notices based on bare allegations made by a government – for example, fraud – not evidence, with a view to extraditing that person back to that country. Yet consular, Customs and Border Protection, and Immigration and Customs Enforcement officials erroneously use the Red Notice as shorthand to deny visas, detain individuals at the border, and arrest them inside the United States. It is…
Read moreThe Value of the Freedom of Information Act (FOIA)
Posted onOne critical tool in challenging errant visa decisions of consular officers is through the Freedom of Information Act (FOIA). While the FOIA process with the Department of State is extremely limited in visa cases, sometimes consular officers rely on inaccurate information contained in US Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP), Federal Bureau of Investigation (FBI), Immigration and Customs Enforcement (ICE) and Drug Enforcement Administration (DEA) files or improperly make visa decisions based on materials contained in those files. In such cases, FOIA requests can be extremely helpful. Lawyers can assist in three aspects of Freedom of Information Act requests: 1) properly formulating and lodging requests; 2) filing lawsuits when FOIA processing is delayed; and 3) assisting in appeals of government responses to FOIA requests. The proper formulation of a request can mean the difference between a process that can take 3 months or 12 or more…
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